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What to Do When a Client Does Not Pay: Step-by-Step Guide

When a client misses a payment, begin with evidence and calm communication, then escalate consistently. This guide explains reminders, formal demands, interest, settlement, court options and ways to reduce future risk.

Approx. 5 min read

What to Do When a Client Does Not Pay: Step-by-Step Guide

The client has not paid — where should you start?

Non-payment does not always mean deliberate avoidance. The invoice may be stuck in accounting, but you should not wait indefinitely. Organize evidence and begin documented escalation early.

Before sending a demand, confirm the agreed due date, completion, acceptance, correct invoice delivery and any formal objections.

First confirm that the payment is due

Keep the contract, accepted proposal, brief, messages, stage records, invoice, proof of delivery and client details.

  • agreed scope was completed
  • client received or accepted the result
  • invoice or bill is correct
  • document was delivered
  • payment date passed
  • client submitted formal objections

Secure all evidence

Export and store evidence locally instead of relying only on messaging or project platforms controlled by another party.

  • contract, order or accepted proposal
  • brief and scope
  • stage-completion records
  • acceptance messages
  • invoice or bill
  • proof of invoice delivery
  • revision history
  • client identification data

A late payment differs from a dispute about scope, quality, deadline or price.

Determine whether this is a delay or a dispute

For a dispute, answer the allegations, refer to the agreement and preserve the evidence supporting performance.

Send a neutral reminder with the invoice number, amount, original due date and account details.

Step 1: send a short reminder

A specific message is easier to process internally and harder to postpone than a vague question.

Request an exact payment date rather than accepting promises such as “soon”.

Step 2: request a specific payment date

If instalments are agreed, record amounts, dates, interest and the consequences of missing one instalment.

Do not increase your exposure by completing further unpaid stages.

Step 3: pause further work

Pause work in line with the contract, but do not delete websites, data, code or published materials without a legal basis.

A formal demand should clearly identify the debt, legal basis and final deadline.

Step 4: send a formal demand for payment

Include party details, invoice, principal, original due date, interest, bank account and intended next action.

  • creditor and debtor details
  • invoice number and date
  • principal amount
  • legal basis
  • original due date
  • interest
  • final deadline
  • bank account
  • next action

Send the demand by email and through a channel that lets you prove delivery.

How much time should the demand allow?

Seven or fourteen days is common, but there is no single universal statutory period for every demand.

State a specific date or a number of days counted from delivery.

Can you charge interest?

Interest may generally be claimed once the debtor is late.

B2B commercial transactions and other relationships may use different statutory interest regimes; verify the current rate.

Compensation for recovery costs

In qualifying commercial transactions, the creditor may claim fixed recovery compensation of EUR 40, 70 or 100 depending on the debt value.

  • EUR 40 — debt up to PLN 5,000
  • EUR 70 — above PLN 5,000 and below PLN 50,000
  • EUR 100 — at least PLN 50,000

These amounts correspond to thresholds of up to PLN 5,000, above PLN 5,000 but below PLN 50,000, and at least PLN 50,000.

Business client versus consumer

This mechanism applies to commercial transactions and should not automatically be used against consumers.

Business-to-business rules differ from consumer rules.

What if the client disputes the quality?

Verify the client's legal status before applying commercial interest, recovery compensation or other B2B instruments.

Ask the client to identify specific defects and the contractual basis for withholding payment.

What if the project scope expanded?

Compare objections with the brief, acceptance history and agreed revision limits.

For extra work, preserve proof that it was ordered and how it would be priced.

Is an invoice enough evidence?

Approve every scope change before starting it.

An invoice is important, but by itself may not prove performance and acceptance.

Final pre-court demand

The strongest evidence connects the order, agreed price, delivery, acceptance and maturity of the debt.

A final pre-court demand should remain factual and indicate that legal action may follow.

Mediation and settlement

Do not announce actions that you do not intend to take.

A settlement may be faster than litigation when there is a genuine dispute or temporary financial problem.

Debt collection agency or lawyer

Define the acknowledged debt, instalments, interest and consequences of default.

External collection may help when the debtor ignores formal correspondence.

Reporting the debt to a credit information bureau

Check commissions, fixed fees, authority and termination terms; seek legal advice for large, disputed or cross-border claims.

Reporting to a credit information bureau requires statutory conditions and prior notice.

Claim for payment

Check the exact requirements instead of using registration as an empty threat.

A court claim must specify parties, principal, interest, due date, legal basis and evidence.

Electronic order-for-payment proceedings

The appropriate order-for-payment procedure depends on the documents and whether the claim is disputed.

Poland's EPU allows electronic claims for uncomplicated monetary debts.

Evidence is identified rather than attached at filing, and an objection may prevent a quick conclusion.

A client in another EU country

EPU is not automatic debt collection; debtor data, dates and amounts must be correct.

For uncontested cross-border EU claims, the European order for payment may be considered.

A judgment does not always mean immediate payment

Jurisdiction, governing law, service and enforcement require case-specific analysis.

A final judgment may still need enforcement by a bailiff.

Do not miss the limitation period

Before litigation, consider whether the debtor remains active and has assets.

Limitation depends on the legal basis of the claim.

For example, claims from a contract for specific work may have a two-year period from delivery or the agreed delivery date.

Tax treatment of an unpaid invoice

An ordinary reminder may not interrupt limitation, so act quickly when a deadline is near.

Non-payment does not automatically remove tax obligations.

What not to do

  • do not publicly shame the client
  • do not make baseless criminal threats
  • do not delete client systems or data without authority
  • do not continue unlimited unpaid work
  • do not rely only on phone calls
  • do not invent fees
  • do not wait until limitation
  • do not sign settlements without review

How to reduce non-payment risk

  • verify the client
  • use an advance
  • bill paid milestones
  • define scope and exclusions
  • limit revisions
  • define acceptance periods
  • allow work suspension
  • define copyright transfer timing
  • archive agreements and approvals
  • do not start the next stage before payment

Advance payment, deposit or milestones?

Income, VAT and bad-debt relief rules depend on the transaction and current tax conditions.

Do not publicly shame the client, issue baseless criminal threats or remove systems without authority.

Copyright as a payment safeguard

Do not continue unlimited unpaid work, invent charges, rely only on calls or wait until limitation.

Verify clients, collect advances, use paid milestones and define scope, exclusions and revision limits.

A payment procedure worth implementing

  1. day 0 — send the invoice with confirmation
  2. day after due date — neutral reminder
  3. 3–5 days late — request exact payment date
  4. 7–14 days late — formal demand
  5. after failed demand — settlement, collection or claim
  6. throughout — preserve evidence and monitor limitation

Set acceptance periods, suspension rights, copyright timing and archive all approvals.

Key conclusion

An advance and a legally defined deposit are not interchangeable.

For larger projects, an initial payment and milestone billing substantially reduce exposure.

A contract may link copyright transfer or a full licence to complete payment.

FAQ

What should I do first when a client does not pay?

Confirm the due date, delivery and invoice receipt, secure evidence, then send a neutral reminder requesting a specific payment date.

Is a formal demand required before a claim?

Not always as an absolute requirement, but it documents an attempt to resolve the matter and often produces payment without litigation.

Can a freelancer charge interest?

Generally yes after delay. The applicable type and rate depend partly on whether the relationship is a B2B commercial transaction.

Can I add EUR 40 to the invoice?

Qualifying commercial transactions may allow EUR 40, 70 or 100 depending on value. It does not automatically apply to every client or consumer.

Is an invoice enough to win?

Not always. Keep the contract, accepted proposal, brief, delivery, acceptance and price correspondence.

Can I pause work until payment?

Often yes, especially if the contract allows it, but communicate it in writing and do not delete systems or data without legal grounds.

When should I sue?

When the claim is documented, the demand failed, the amount justifies the cost, the debtor is collectible and settlement is not better.

Does a demand interrupt limitation?

Do not assume so. An ordinary demand may not interrupt limitation; obtain advice when the deadline is close.

What about tax on an unpaid invoice?

Non-payment does not always remove tax obligations. Bad-debt mechanisms depend on the tax and current conditions.

How can I reduce future risk?

Verify clients, use advances and milestones, define scope and revisions, document acceptance and do not start unpaid stages.

Keywords

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Use Briefstreak to keep the brief, scope, pricing and client approvals in one place. A clear record makes payment disputes easier to prevent and resolve.

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